Openbare aanbesteding: inbreukprocedure tegen Duitsland (en)

The European Commission has decided to refer Germany to the European Court of Justice over a contract for the supply of a software application. The Commission has also decided to send a reasoned opinion to Germany concerning the award of a public service contract for the disposal of biodegradable and green wastes by the municipality of Bonn.

Supply of software between public-law bodies

The Commission has decided to refer Germany to the European Court of Justice over a contract for the supply of a software application that was concluded directly between two public-law bodies responsible for data processing services for the use of municipalities without conducting a competitive tendering procedure. Under the contested contract, the Anstalt für Kommunale Datenverarbeitung in Bayern (AKDB) had to furnish vehicle-licensing software, developed for use by municipalities in Bavaria, to Datenzentrale Baden-Württemberg, which intended to use it in its data centres serving the municipalities of Baden-Württemberg.

The Commission has been made aware of the contract by private undertakings offering comparable software products for municipalities. As a contracting authority, the Datenzentrale has to comply with the Internal Market rules on public procurement when it awards a supply contract to a third party even if that party is itself a public-law body subject to public procurement law. Since AKDB is acting as contractor under a purchase contract for pecuniary interest, the Datenzentrale would have been obliged to award the contract as a public supply contract in a competitive tendering procedure complying with EU Directives on public procurement, ensuring transparency and equal access for suppliers in the Internal Market.

Bio-waste disposal - Bonn

The Commission has decided to send a reasoned opinion to Germany concerning the award of a public service contract for the disposal of biodegradable and green wastes by the municipality of Bonn to a private undertaking without a competitive tender procedure. Under a combined contract concluded in 1997 the municipality has to dispose household waste furnished by the private partner in its incineration plant while the private partner undertakes in turn to dispose bio-waste furnished by the municipality in its composting plants.

The Commission started infringement proceedings following a complaint by a private waste disposal undertaking which claimed that it could dispose the bio-waste from Bonn in much more competitive conditions. With respect to the bio-waste disposal services, the municipality is acting as a contracting authority buying services from operators in the market. Under Internal Market rules, it is obliged to apply transparent and competitive tendering proceedings, opening up the market to competition and ensuring that it gets the best value for its citizens' money.

The latest information on infringement proceedings concerning all Member States can be found at:

http://ec.europa.eu/community_law/index_en.htm